Rajith Keerthi Tennakoon Former Governor of Uva, Southern and Central Provinces Former Executive Director of Campaign for Free and Fair Elections (CaFFE) and Center for Human Rights and Research – CHR Sri Lanka

We stand before you today to highlight a matter of critical importance to the future of democracy, good governance, and national reconciliation in Sri Lanka.

In a post-war country like ours, it is essential that the criminal investigation and prosecution system, as well as the anti-corruption mechanisms, remain fully independent and free from political interference. An independent justice system is the bedrock of the rule of law. It builds public confidence, ensures accountability, protects the rights of citizens, and prevents the recurrence of past abuses. Without such independence, governance becomes arbitrary, reconciliation remains elusive, and the trust necessary for a united Sri Lanka cannot be forged.

After decades of struggle against authoritarian tendencies, the people of Sri Lanka succeeded in establishing safeguards to protect the independence of key institutions. Through the 17th Amendment, the 19th Amendment, and the 21st Amendment to the Constitution, we created independent institutions designed to serve the public interest rather than any political agenda.

These amendments introduced vital checks and balances. The executive’s prerogative to appoint Justices of the Supreme Court and Court of Appeal, the Attorney General (Public Prosecutor), the Inspector General of Police, and the Auditor General is now subject to the oversight of the multi-party Constitutional Council. This Council consists of 10 members — seven from Parliament and three from civil society — ensuring broader representation and accountability.

The National Police Commission was established to oversee police operations, with its members appointed by the President only upon the recommendation of the Constitutional Council. 

Similarly, members of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and its Director General are selected by the Constitutional Council before appointment by the President. The same process applies to the National Audit Commission. These mechanisms were deliberately designed to prevent the politicization and weaponization of these vital institutions.

Unfortunately, recent actions by the present NPP government raise serious concerns. The government has reinstated a retired police officer into active service through a Cabinet decision and appointed him as the head of the Criminal Investigations Department. This officer, after his retirement, had actively participated in the political activities of the National People’s Power (NPP) as a member of its police collective. Allegations have also surfaced regarding the political partisanship of the Director General of CIABOC.

As ‘Free Lawyers’, we must flag these developments as unhealthy for our democracy. When investigative and prosecutorial institutions are perceived to be politicized or weaponized, public trust erodes, the rule of law weakens, and the hard-won gains of constitutional reform are undermined. Such actions threaten the very foundations of good governance and national reconciliation that all Sri Lankans aspire to achieve.

We urge the government to uphold the spirit and letter of the constitutional safeguards we have collectively built. The independence of these institutions must be protected for the sake of all citizens, regardless of political affiliation. Democracy thrives not through the concentration of power, but through robust, transparent, and independent institutions.